The entirety of the patent litigation arguments can be found in the Findings of Fact filed by both sides yesterday (1/6). The two filings are each side's comprehensive presentation of arguments for the trial. 130 pages from Defendants, 280+ from Amarin. It's a long read, but for anyone who is finding it hard to confidently grasp the strength (or weakness) of Amarin's arguments, it's very much worth the time. They can be accessed via a PACER.GOV account, with a $3 charge for access to each of the two documents.
In summary, Amarin's Findings of Fact is a withering take-down of each of the Defendant's arguments, supported by extensive scientific data, legal precedent, expert testimony, and real-world facts. Reading the Defendant's findings first, and then Amarin's findings second, any thoughtful person would find it virtually impossible to reach any conclusions other than:
1) Defendant's would undoubtably be inducing infringement through use of the Marine label on a generic version of Vascepa, and
2) the Amarin patents in question were absolutely not obvious to a person skilled in the art in 2008.
3) There is an obvious nexus (logical link) between REDUCE-IT results and MARINE results (an important requirement for Amarin's use of REDUCE-IT results to support non-obviousness of MARINE patents). This nexus, in my view, is why the court's allowance of REDUCE-IT into the case was the death knell for Defendant's.
I strongly recommend to any anxious holder of Amarin stock that you take the time to read these documents. It's all there, and for the most part is understandable to a layperson.
I won't try to speak to the possible timing, or certainty, of a pre-trial settlement, but it's very difficult to imagine that Defendant's haven't read Amarin's Finding's of Fact and realized the futility of their case. Coupled with the courts denial yesterday of Defendant's motion in limine (allowing REDUCE-IT results into the case), I would characterize Amarin's position in the case as unbeatable.
